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2026:CGHC:6484-DB

NAFR

HIGH COURT OF CHHATTISGARH AT BILASPUR

CRA No. 567 of 2022

Mohd. Wasim @ Mintu S/o Mohammad Ismail Khan, Aged About 24

Years R/o Village Rengalhar Khurd, Police Station Kawardha, District

Kabirdham Chhattisgarh.

... Appellant(s)

versus

State of Chhattisgarh Through Station House Officer, Police Station

Kawardha, District Kabirdham Chhattisgarh.

...Respondent(s)

(Cause-title taken from Case Information System)

For Appellant : Ms. Aditi Singhvi, Advocate.

For Respondent/State : Mr. Nitansh Kumar Jaiswal, Deputy

Government Advocate.

Hon'ble Shri Ramesh Sinha, Chief Justice

Hon'ble Shri Ravindra Kumar Agrawal, Judge

Judgment on Board

Per Ramesh Sinha , Chief Justice

05 .02.2026

1. Heard Ms. Aditi Singhvi, learned counsel for the appellant. Also

Digitally

signed by

BRIJMOHAN

B MR OI RJM LEOHAN M DaO teR :LE heard Mr. Nitansh Kumar Jaiswal, learned Deputy Government

2026.02.09

17:29:58

+0530

Advocate, appearing for the State/respondent.

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2. This criminal appeal filed by the appellant/accused under Section

374(2) of the Code of Criminal Procedure, 1973 (for short, ‘CrPC’) is

directed against the impugned judgment of conviction and order of

sentence dated 17.03.2022, passed by the learned Additional Sessions

Judge, Kawardha, District Kabirdham (C.G.) in Session Trial No. 20 of

2018, whereby the appellant has been convicted and sentenced as

under:

Conviction under Section Sentence

Section 302 of the Indian Rigorous imprisonment (for short,

Penal Code (for short, ‘IPC’) ‘R.I.’) for life and fine of Rs.10,000/-,

in default of payment of fine, 06

months R.I. more.

3. The case of the prosecution, in brief, is that there was a land

dispute pending between Ayub Khan and Mohd. Ismail along with his

son Wasim alias Mintu. On 01.03.2018, in the morning, due to a dispute

relating to the cleaning of a drain, the accused Mohd. Ismail and his son

Wasim forcibly entered the house of Mohd. Ayub Khan, assaulted him,

and threatened him with death. On the report lodged by Mohd. Ayub

Khan at the police station, Crime No. 110/2018 was registered against

the accused persons under Sections 294, 323, 506, and 452 read with

Section 34 of the IPC.

4. Subsequently, on 04.03.2018, after the said dispute, members of

the Muslim community had gathered at the Muslim cemetery at

Rengakhar Khurd to attend a funeral. At about 12:30 p.m., the accused

Mohd. Ismail and Wasim alias Mintu, on account of previous enmity,

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started abusing Mohd. Ayub Khan. Thereafter, Wasim alias Mintu, with

the intention to cause his death, assaulted Mohd. Ayub Khan by

stabbing him three to four times in the abdomen with a knife carried by

him. As a result, Ayub Khan fell to the ground and started bleeding

profusely. The incident was witnessed by the persons present at the

spot, who attempted to chase and apprehend the accused; however,

both the accused managed to flee from the scene. The injured was

immediately shifted to the hospital in a 108 emergency vehicle and was

later referred to Ramkrishna Hospital, Raipur, where he succumbed to

his injuries during the course of treatment on 18.03.2018.

5. A report regarding the said incident was lodged by the

complainant Mohd. Ibrahim Khan (PW-10) at Police Station Kawardha.

On the basis of the said report, an offence was registered against the

accused persons and investigation was undertaken. During the course

of investigation, the spot inspection was conducted; statements of the

complainant and other witnesses were recorded; the knife used in the

commission of the offence, blood-stained soil and plain soil from the

spot, blood-stained clothes of accused Wasim alias Mintu, and a Honda

CBR motorcycle bearing registration No. CG-09-JB-7480 along with a

knife recovered from the possession of accused Wasim were seized.

The seized articles were sent to the Forensic Science Laboratory,

Raipur, for chemical examination. The post-mortem examination of the

deceased was conducted, the spot map was obtained from the Halka

Patwari, and the accused persons were arrested and their

mem